HomeMy WebLinkAboutPC Resolution _6078- Case 3.2826RESOLUTION NO.6078
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION AND APPROVING THE CONSTRUCTION OF 58
SERVICE/MANUFACTURING LOFTS WITHIN SEVEN BUILDINGS,
LOCATED AT 400 WEST SAN RAFAEL ROAD, ZONE M-1, SECTION
15, APN 669430-015 AND 669430-016.
WHEREAS, Chris LaFarnara and Avalon Property Development, owners, have fled an
application with the City pursuant to Section 9.62 of the Municipal Code, Section
94.04.00 of the Zoning Ordinance, and Section 92.17.1.00 of the Zoning Ordinance, for
an Architectural Application, Case No. 3.2826-MAJ, to allow construction of 58
service/manufacturing lofts in seven warehouse buildings, associated parking, and
landscaping; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case No. 3.2826-MAJ was given in accordance with applicable law;
and
WHERAS, on March 28, 2007, a public hearing on the application for architectural
approval was held by the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act (CEQA), and an Environmental Assessment has
been prepared for this project and has been distributed for public review and comment
in accordance with CEQA; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including but not
limited to the staff report, all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA Guidelines),
the Planning Commission finds that the current environmental assessment
for Case No. 3.2826-MAJ adequately addresses the general
environmental setting of the proposed project. The Planning commission
further finds that there are no reasonably foreseeable potentially
significant environmental impacts resulting from this project and therefore
adopts a Negative Declaration for the project.
Section 2: Pursuant to Section 94.04.00 of the Zoning Ordinance, the Planning
Commission made the following findings; regarding the Architectural
Review Guidelines:
Planning Commission Resolution March 28, 2007
Case No. 3.2828- MAJ Page 2 of 3
1. Site layout, orientation, location of structures and relationship to one another and to
open spaces and topography. Definition of pedestrian and vehicular areas, i.e.,
sidewalks as distinct from parking lot areas;
Access throughout the proposed project is designed according to the requirements of
the Uniform Building Code and ADA rules, including accessible pathways, handicapped
parking spaces and vehicular access. The buildings are oriented on the site in a
balanced manner and loading zones are located on the east side of buildings B, C, D
and E in order to soften the sight from the street and the front of the development.
2. Harmonious relationship with existing and proposed adjoining developments and in
the context of the immediate neighborhoodlcommunity, avoiding both excessive variety
and monotonous repetition, but allowing similarity of style, if warranted;
Industrial development has already occurred on this block to the east. Staff believes
the project creates a visual harmony within the neighborhood, because it is similar in
style and color to other industrial buildings in the vicinity and because of this, to
potential future development.
3. Maximum height, area, setbacks and overall mass, as well as parts of any structure
(buildings, walls, screens, towers or signs) and effective concealment of all mechanical
equipment;
The building is proposed at twenty-two feet to the top of the parapet wall, which is below
the maximum allowable height, and the parapet screening wall will conceal any
mechanical equipment.
4. Building design, materials and colors to be sympathetic with desert surroundings;
AND
5. Harmony of materials, colors and composition of those elements of a structure,
including overhangs, roofs, and substructures, which are visible simultaneously,
The building is designed as a simple rectangular mass with pop outs and recessed
areas that soften the linearity and mass. Door and window architectural features are
proposed as a bronze hue and are designed in a simple contemporary style. The
architecture is modern in form
6. Consistency of composition and treatment,
The building is consistent in style, colors and design features to other industrial
buildings within the Orr Tract and also throughout the city. The building is oriented to
compliment the slightly irregular shape of the site and the drainage easement along the
east property line.
101
Planning Commission Resolution
Case No. 3.2826- MA,J'
March 28, 2007
Page 3 of 3
7. Location and type of planting, with regard for desert climate conditions. Preservation
of specimen and landmark trees upon a site, with proper irrigation to insure
maintenance of all plant materials,
The vacant site contains a scattering of indigenous insignificant shrubbery. There are
no specimen trees to preserve. The landscape design proposes drought tolerant trees,
shrubs and groundcover. Emitters will deliver water to each individual plant, thereby
practicing water efficient irrigation methods.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approve Architectural Application Case 3.2826, subject to those
conditions set forth in exhibit A.
ADOPTED this 28t' day of March, 2007.
AYES: 7 1 Cohen/HochanadellMarantzlRingleinlHutchesonlCafferylScott
NOES: None
ABSENT: None
ABSTAIN: None
EXHIBIT A
Case No. 3.2826 - MAJ
400 West San Rafael Road
March 28, 2007
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
1. Prior to any grubbing or the issuing of a grading permit the owneriapplicant
shall conduct a survey using a qualified biologist to determine if the
Coachella valley milk -vetch exists on the site. Said survey shall be
conducted in accordance with US Fish and Wildlife Protocols. If the plants
are present, then no soil shall be disturb or grading permit Issued untila
seed salvage operation can be implemented. Salvaged seeds shall be 0
provided to Fish and Wildlife Service.
2. Prior to any grubbing or the issuing of a grading permit the owner/applicant
shall conduct two migratory bird surveys using a qualified biologist to
determine if appropriate nesting habitat occurs on the site — the surveys
shall be conducted no more than 30 days prior to any grubbing or grading
and again within 7 days of any grubbing or grading. In the event that
occupied nests are located on the survey site, no grubbing or other ground
disturbance activities shall occur within 250 feet of the nests or after the
young birds fledge.
ADMINISTRATIVE:
The proposed development of the premises shall conform to all applicable regulations of
the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes,
ordinances and resolutions which supplement the zoning district regulations.
The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void or
annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Case 3.2826 - MAJ. The City of
Palm Springs will promptly notify the applicant of any such claim, action, or
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proceeding against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will advance
funds to pay for defense of the matter by the City Attorney. If the City of Palm
Springs fails to promptly notify the applicant of any such claim, action or proceeding
or fails to cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon the
matter without the applicant's consent but should it do so, the City shall waive the
indemnification herein, except, the Citys decision to settle or abandon a matter
following an adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
2 That the property owner(s) and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
parking areas, landscape, irrigation, lighting, signs, walls, and fences between the
curb and property line, including sidewalk or bikeway easement areas that extend
onto private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all federal,
state, and local bodies and agencies having jurisdiction at the property owner's sole
expense. This condition shall be included in the recorded covenant agreement for
the property if required by the City.
3 Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required.
This project has a de minimus impact on fish and wildlife, and a Certificate of Fee
Exemption shall be completed by the City and two copies filed with the County
Clerk. This application shall not be final until such fee is paid and the Certificate of
Fee Exemption is filed.' Fee shall in the form of a money order or cashier's check
payable to Riverside County.
4 This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in4ieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 1/2% for commercial projects or 114% for residential projects
with first $100,000 of total building permit valuation for individual single-family units
exempt. Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
CULTURAL RESOURCES
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5 Prior to any ground disturbing activity, including clearing and grubbing, installation
of utilities, and/or any construction related excavation, an Archaeologist qualified
according to the Secretary of the Interior's Standards and Guidelines, shall be
employed to survey the area for the presence of cultural resources identifiable on
the ground surface.
6 Given that portions of the project area are within an alluvial formation, the possibility
of buried resources is increased. A Native American Monitor shall be present during
all ground -disturbing activities.
a). Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s)
shall be present during all ground disturbing activities including clearing
and grabbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning and Zoning and after the
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to investigate and, if
necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente
Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning and Zoning Department prior to final inspection.
FINAL DESIGN
7 With Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be
submitted for review and approval by the Director of Planning & Zoning prior to the
issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the
building and in the Final landscaping, irrigation, exterior lighting, and fencing plans
shall be submitted for approval by the Department of Planning and Zoning prior to
issuance of a building permit. Landscape plans shall be approved by the Riverside
County Agricultural Commissioner's Office prior to submittal.
8 An exterior lighting plan in accordance landscaping shall be submitted for approval
prior to issuance of a building permit. If lights are proposed to be mounted on
buildings, down -lights shall be utilized. No lighting of the hillside is permitted.
GENERAL CONDITIONS/CODE REQUIREMENTS
(ED
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9 Architectural approval shall be valid for a period of two (2) years. Extensions of
time may be granted by the Planning Commission upon demonstration of good
cause.
10 The appeal period for a Major Architectural application is 15 calendar days from the
date of project approval. Permits will not be issued until the appeal period has
concluded.
11 Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
12 All materials on the flat portions of the roof shall be earth tone in color.
13 All awnings shall be maintained and periodically cleaned.
14 All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 93.03.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend
with the architectural design of the building(s). The exterior elevations and roof
plans of the buildings shall indicate any fixtures or equipment to be located on the
roof of the building, the equipment heights, and type of screening. Parapets shall be
at least 6" above the equipment for the purpose of screening.
15 No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
16 The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
17 The street address numberingllettering shall not exceed eight inches in height.
18 Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
19 No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
20 No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
21 Vehicles associated with the operation of the proposed development including
company vehicles or employees vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved.
22 Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened
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and located in the interior of the building. Electrical transformers must be located
toward the interior of the project maintaining a sufficient distance from the
frontage(s) of the project. Said transformer(s) must be adequately and decoratively
screened.
23 The applicant shall provide all tenants with Conditions of Approval of this project.
24 Loading space facilities shall be provided in accordance with Section 9307.00 of the
Zoning Ordinance. Said facilities shall be indicated on the site plan and approved
prior to issuance of building permits.
25 Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized
spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18
feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space;
two (2) handicap spaces can share a common walkway. One in every eight (8)
handicap accessible spaces, but not less than one (1), shall be served by an 8 foot
walkway on the right side and shall be designated as "van accessible".
26 Handicapped accessibility shall be indicated on the site plan to include the location
of handicapped parking spaces, the main entrance to the proposed structure and
the path of travel to the main entrance. Consideration shall be given to potential
difficulties with the handicapped accessibility to the building due to the future
grading plans for the property. (�
27 Compact and handicapped spaces shall be appropriately marked per Section �J
93.06.00. C.10.
28 Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area shall
have curbs placed at a minimum of two (2) feet from the face of walls, fences or
buildings adjoining driveways.
29 Parking lot light fixtures shall align with stall striping and shall be located two to
three feet from curb face.
30 Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to comply
with shading requirements.
31 Shading requirements for parking lot areas as set forth in Section 9306.00 of the
Zoning Ordinance shall be met. Details to be provided with final landscape plan.
34. Tree wells shall be provided within the parking lot and shall have a planting area
of six feet in diameterlwidth.
35. ADA
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SITE PLAN:
• On the plan each building indicates a single disabled parking space.
However, the access aisle for each of these disabled parking spaces is
located on the driver's side of the vehicle. In order to comply with CBC
11290.4.1, each access aisle will need to be moved to serve the
passenger side of the vehicle. Also, each access aisle for these disabled
parking spaces will need be 8 feet and designated as "van accessible" to
comply with CBC 1129B.4.2.
• To comply with CBC 112913.5 a warning sign regarding unauthorized use
of disabled parking spaces is to be posted conspicuously at each entrance
or immediately adjacent to and visible from each disabled parking space.
POLICE DEPARTMENT
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
1. Prior to any construction on -site, all appropriate permits must be secured.
FIRE DEPARTMENT:
Premises Identification: Approved numbers or addresses shall be provided for
all new and existing buildings in such a position as to be plainly visible and
legible from the street or road fronting the property. (901.4.4 CFC) Show location
of address on plan elevation view. Show requirement and dimensions of
numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting
color to the background.
2. Plot Plan: Prior to completion of the project, a 8.5nx11 " plot plan and an
electronic CAD version shall be provided to the fire department. This shall clearly
show all access points, fire hydrants, knox box locations, fire department
connections, unit identifiers, main electrical panel locations, sprinkler riser and
fire alarm locations. Large projects may require more than one page.
3. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is
required.
4. Fire Alanm System: Fire Alarm System required. Installation shall comply with
the requirements of NFPA 72.
5. Water Systems and Hydrants: Underground water mains and fire hydrants
shall be installed, completed, tested and in service prior to the time when
combustible materials are delivered to the construction site. (903 CFC) Prior to
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Case No. 3.2828 — MAJ Page 7 of 20
final approval of the installation, contractor shall submit a completed Contractor's (�
Material and Test Certificate to the fire department. (9-2.1 NFPA 24) V
6. Operational Fire Hydrant(s): Operational fire hydrant(s) shall be installed within
250 feet of all combustible construction. No landscape planting, walls, or fencing
is permitted within 3 feet of fire hydrants, except groundcover plantings.
(1001.7.2 CFC)
7. Fire Hydrant & FDC Location: A public commercial fire hydrant is required
within 30 feet of the Fire Department Connection (FDC). Fire Hose must be
protected from vehicular traffic and shall not cross roadways, streets, railroad
tracks or driveways or areas subject to flooding or hazardous material or liquid
releases. A field analysis of existing hydrants has not been conducted to verify
hydrant location or availability. This comment is included to make you aware that
additional fire hydrants may be required.
8. Trash Container Protection: If trash container space is within 5 feet of a
building wall provide information on the type and size of trash container to be
stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then
the container must be protected by an approved automatic fire sprinkler.
(1103.2.2 CFC)
9. Exterior soffitslcanoples: Roofs or canopies must be protected with fire O sprinklers if they are more than 4 feet wide unless the entire assembly is non-
combustible. (5-13.8 NFPA 13 1999) Any exterior fire sprinklers require
approval of the Planning Department.
10. Fire Department Connections: Fire Department connections shall be visible
and accessible, have two 2.5 inch NST female inlets, and have an approved
check valve located as close to the FDC as possible. All FDC's shall have KNOX
locking protective caps. Contact the fire prevention secretary at 760-323-8186
for a KNOX application form.
11. Location of Fire Department Connections: The connection inlets must face
the street, and be located on the street side of the building. The face of the inlets
shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if
no sidewalk), and shall be 36 to 44 inches in height to center of inlets above
finished grade. No landscape planting, walls, or other obstructions are permitted
within 3 feet of Fire Department connections. The FDC and supporting piping
shall be painted OSHA safety red.
12. The address of the building served shall be clearly indicated on the Fire
Department Connection (FDC). A sign with this information shall be placed on or
near the FDC. The sign shall be constructed of metal. The sign face, lettering,
and attachment shall be made of weather and vandal resistant materials. Sign
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Case No. 3.2828 — MAJ
background will be bright
substantially as follows:
F. D. C.
SERVES
425
S. SUNRISE WAY
ALL BLDGS. IN COMPLEX
March 28, 2007
Page 8 of 20
red. Letters will be bright white. Sign format will be
13. Valve and water -flow monitoring: All valves controlling the fire sprinkler
system water supply, and all water -flow switches, shall be electrically monitored
where the number of sprinklers is one hundred or more. (Twenty or more in
Group I, Divisions 1.1 and 1.2 occupancies.) (904.3.1 CBC) All control valves
must be locked in the open position.
14. Post Indicator Valves: Post indicator valves will not be installed. Control of
each building fire sprinkler system will be by a monitored valve on the system
riser.
15. Required Signs: All fire sprinkler valves shall have a permanently affixed sign
indicating the valve function and area served. The address of the building served
shall be clearly indicated on the Fire Department Connection (FDC).
16. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal hazards.
Show proposed extinguisher locations on the plans. (1002.1 CFC)
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above
floor level. Preferred location is in the path of exit travel near an exit door.
17. High Piled Storage: If materials to be stored are anticipated to exceed 12 feet
in height, additional requirements will be required. Contact the fire department
plans examiner for more detailed requirements.
18. Fire Hydrant Flow: The required fire hydrant flow for this project is 1,500 GPM
with the installation of fire sprinklers..
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19. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 0
1. Minimum Access Road Dimensions: Private streets shall have a minimum
width of at least 20 feet, pursuant to California Fire Code 902.1 however,
a greater width for private streets may be required by the City engineer to
address traffic engineering, parking, and other issues. The Palm Springs
Fire Department requirements for two-way private streets, is a
minimum width of 24 feet, unless otherwise allowed by the City
engineer. No parking shall be allowed in either side of the roadway.
20. Required marking: Required marking of fire apparatus roads and fire -protection
equipment shall be in accordance with section 901.4 CFC.
21. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC)
This will include all landscaping features such as the tree canopies that are
called out for providing shade in the parking between the buildings that may
interfere with emergency vehicle access.
22. Road Design: Fire apparatus access roadstparking lots shall be designed and
constructed as all weather capable and able to support a fire truck weighing
73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30
feet, with an outside radius of 45 feet.
23. Emergency Key Box: Knox key box(es) are required. Box(es) shall be
mounted at 6 feet above grade. Show location of box(es) on plan elevation
views. Show requirement in plan notes. Contact the Fire Department at 760-
323-8186 for a Knox application form. (902.4 CFC)
24. Emergency Key Box: A Knox key box is required for access to the fire sprinkler
riser. Box shall be mounted at 6 feet above grade, adjacent to the main
entrance. Contact the Fire Department at 760-323-8186 for a Knox application
form. (902.4 CFC)
25. Key Box Contents: The Knox key box shall contain keys to all areas of
ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical
rooms, elevator rooms, elevator controls, plus a card containing the emergency
contact people and phone numbers for the bull ding/complex.
Construction site Security and Protection:
Fencing
26. Fencing Required: Construction site fencing with 20 foot wide access gates is
required for all combustible construction over 5,000 square feet. Fencing shall
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March 28, 2007
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remain intact until buildings are stuccoed or covered and secured with lockable
doors and windows. (8.04.260 PSMC)
27. Access Gate Obstructions: Entrances to roads, trails or other access ways,
which have been closed with gates and barriers, shall be maintained clear at all
times. (902.2.4.1 CFC).
28. Access During Construction: Access for firefighting equipment shall be
provided to the immediate job site at the start of construction and maintained until
all construction is complete. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not less than 13'6". Fire Department access roads shall have an all
weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902
CFC)
ENGINEERING DEPARTMENT;
the Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
>tandards and ordinances.
Wore final acceptance of the project, all conditions listed below shall be completed to
he satisfaction of the City Engineer.
iTREETS
Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any grading or building permits.
The applicant shall be required to construct asphalt concrete paving for streets in
two separate lifts. The final lift of asphalt concrete pavement shall be postponed
until such time that on -site construction activities are complete, as may be
determined by the City Engineer. Paving of streets in one lift prior to completion
of on -site construction will not be allowed, unless prior authorization has been
obtained from the City Engineer. Completion of asphalt concrete paving for
streets prior to completion of on -site construction activities, if authorized by the
City Engineer, will require additional paving requirements prior to acceptance of
the street improvements, including, but not limited to: removal and replacement
of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as
required by the City Engineer.
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SAN RAFAEL ROAD
4. The applicant shall facilitate construction of street improvements, as identified
below, along the San Rafael Road frontage of the property identified by
Assessor's Parcel Number (APN) 669-430-018. Appropriate extension to
existing street improvements adjacent to the Palm Springs View Apartments
located on APN 669430-017, and improvements within the San Rafael Road
and Virginia Road intersection, shall be made as required by the City Engineer.
5. The applicant may enter into a Reimbursement Agreement with the City for
validated costs for street improvements constructed adjacent to APN 669-430-
018. tf reimbursement is requested in writing by the applicant, the applicant shall
submit a formal request for preparation of a Reimbursement Agreement and a
$2,500 deposit for City staff time associated with the preparation of the
Reimbursement Agreement, including City Attorney fees. The applicant shall be
responsible for payment of all associated staff time and expenses necessary in
the preparation and processing of the Reimbursement Agreement with the City
Council, and shall submit additional deposits as necessary when requested by
the City, which are included in the amount that may be reimbursed to the
applicant through the Reimbursement Agreement. The Reimbursement
Agreement is subject to the City Council's review and approval at a Public
Hearing, and its approval is not guaranteed nor implied by this condition.
6. Construct a 6 inch curb and gutter located 32 feet north of centerline along the
entire frontage in accordance with City of Palm Springs Standard Drawing No.
200.
7. Construct a 30 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 205. The centerline of the proposed driveway
approach shall be located approximately 35 feet west of the east property line.
Gated access shall be prohibited.
8. Construct a 10 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201 (for access to the property identified by APN
669-430-018). The centerline of the proposed driveway approach shall be
located approximately 5 feet west of the east property line.
9. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
10. Construct a Type C curb ramp meeting current California State Accessibility
standards on each side of the proposed driveway approach in accordance with
City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that
an appropriate path of travel, meeting ADA guidelines, is provided across the
driveway, and shall adjust the location of the access ramps, if necessary, to meet
ADA guidelines, subject to the approval of the City Engineer and ADA
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Coordinator. If necessary, additional pedestrian and sidewalk easements shall be
provided on -site to construct a path of travel meeting ADA guidelines.
11. Construct a minimum pavement section of 3 inches asphalt concrete pavement
over 6 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95°% relative compaction, or equal, from edge of proposed gutter to
centerline along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and -330. Additional pavement removal and
replacement may be required upon review of existing pavement cross -sections,
and to ensure grade breaks of the pavement cross-section do not occur within a
travel lane. If an alternative pavement section is proposed, the proposed
pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
RADIO ROAD
12. Dedicate an additional 3 feet to provide the ultimate half street right-of-way width
of 33 feet along the entire frontage of the subject property.
13. Dedicate an easement 1 foot wide along the back of the proposed driveway
approaches for sidewalk purposes.
14. Remove existing curb and gutter, and construct two 26 feet wide driveway
approaches in accordance with City of Palm Springs Standard Drawing No. 201.
The centerlines of the proposed driveway approaches shall be located
approximately 35 feet west of the east property line and 18 feet east of the west
property line. Gated access shall be prohibited.
15. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
16. All broken or off grade street improvements shall be repaired or replaced.
ON -SITE
17. The minimum pavement section for all on -site pavement for drive aisles and
parking spaces shall be 2 % inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95°%
relative compaction, or equal. If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
SANITARY SEWER
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March 28, 2007
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18. All sanitary facilities shall be connected to the public sewer system. The on -site
sewer system shall not connect to any existing sewer manhole, and shall connect
to the sewer main with a standard sewer lateral connection in accordance with
City of Palm Springs Standard Drawing No. 405.
19. Construct an on -site private sewer system to collect sewage from the
development and connect to the existing public sewer system. Sewer plans shall
be submitted to the Engineering Division for review and approval. Commercial
projects may construct private sewer systems to other approved City standards
(i.e. Uniform Plumbing Code) upon approval by the City Engineer. All on -site
private sewer systems shall install sewer manhole covers with the words "Private
Sewer". A profile view of the on -site private sewer mains is not necessary if
sufficient invert information is provided in the plan view, including elevations with
conflicting utility lines. Plans for sewers other than the private on -site sewer
mains, i.e. building sewers and laterals from the buildings to the on -site private
sewer mains, are subject to separate review and approval by the Building
Division.
20. All on -site sewer systems shall be privately maintained. Provisions for
maintenance of the on -site sewer system acceptable to the City Engineer shall
be included in the Covenants, Conditions and Restrictions (CC&R's) required for
this project.
GRADING 0
21. Submit a Precise Grading and Paving Plan prepared by a California registered
civil engineer to the Engineering Division for review and approval. The Precise
Grading and Paving Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures" as identified in the Coachella Valley Fugitive Dust Control
Handbook for each fugitive dust source such that the applicable performance
standards are met. The applicant's or its contractor's Fugitive Dust Control
Plan shall be prepared by staff that has completed the South Coast Air
Quality Management District (AQMD) Coachella Valley Fugitive Dust Control
Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella
Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A
Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive
PC Conditions of Approval
Case No. 3.2828 — MAJ
March 28, 2007
Page 14 of 20
Dust Control Handbook, shall be submitted to and approved by the
Engineering Division prior to approval of the Precise Grading and Paving
plan.
b. The first submittal of the Precise Grading and Paving Plan shall include
the following information: a copy of final approved conformed copy of
Conditions of Approval; a copy of a final approved conformed copy of the
Site Plan; a copy of current Title Report; a copy of Soils Report; and a
copy of the associated Hydrology Study/Report.
Prior to approval of a Grading Plan, the applicant shall obtain written approval to
proceed with construction from the Agua Caliente Band of Cahuilla Indians,
Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall
contact the Tribal Historic Preservation Officer, Richard Begay (760-883-1940),
or the Tribal Archaeologist, Patty Tuck (760-883-1926), to determine their
requirements, if any, associated with grading or other construction. The
applicant is advised to contact the Tribal Historic Preservation Officer or Tribal
Archaeologist as early as possible. If required, it is the responsibility of the
applicant to coordinate scheduling of Tribal monitors during grading or other
construction, and to arrange payment of any required fees associated with Tribal
monitoring.
Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed
permit shall be provided to the City Engineer prior to issuance of a grading
permit.
In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),
the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the Geotechnical/Soils Report
shall be submitted to the Engineering Division with the first submittal of a grading
plan.
In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
PC Conditlons of Approval
Case No. 3.2828 — MAJ
March 28, 2007
Page 15 of 20
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Precise Grading
and Paving Plan. The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
28. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all
stormwater runoff falling on the site, on -site retention or other facilities approved
by the City Engineer shall be required to contain the increased stormwater runoff
generated by the development of the property. The Preliminary Hydrology Study
for San Rafael Road Business Park, prepared by Madison FCS, Inc., dated April
19, 2006, shall be finalized to determine the volume of increased stormwater
runoff due to development of the site, and to determine required stormwater
runoff mitigation measures for the proposed development. Final retention system
sizing and other stormwater runoff mitigation measures shall be determined upon
review and approval of the hydrology study by the City Engineer and may require
redesign or changes to site configuration or layout consistent with the findings of
the final hydrology study. No more than 40-50% of the street frontage
parkway/setback areas should be designed as retention basins.
29. Construct storm drain improvements, including but not limited to catch basins,
and storm drain lines, for drainage of on -site drive aisles into the on -site retention
basins and the underground retention systems, as described in the Preliminary
Hydrology Study for San Rafael Road Business Park, prepared by Madison FCS,
Inc., dated April 19, 2006. The hydrology study shall be finalized to include
retention basin sizing, storm drain pipe sizing, and underground retention system
sizing calculations and other specifications for construction of required on -site
storm drainage improvements.
30. All on -site storm drain systems shall be privately maintained. Provisions for
maintenance of the on -site storm drain systems acceptable to the City Engineer
shall be included in Covenants, Conditions and Restrictions (CC&R's) required
for this project.
31. The applicant is advised that the proposal for underground retention systems
within the on -site parking areas may preclude the ability to install appropriate
landscaping as may be required by the Department of Planning Services. The
underground retention system shall be designed at a sufficient depth to allow
typical landscape planting, including trees, and in a manner that does not
interfere with the ability of the system to receive runoff in the future.
32. The proposed underground retention systems shall be installed on -site and not
within the public right -of --way. The underground stormwater retention systems
PC Conditions of Approval
Case No. 3.2826 — MAJ
March 28, 2007
Page 16 of 20
33.
34
35.
shall be sized to have sufficient capacities equal to the volume of increased
stormwater runoff due to development of the site, less the capacity of the surface
retention basins, as identified in a final hydrology study approved by the City
Engineer. A decrease to the required retention volume may be allowed for
percolation of the stormwater runoff into the underlying gravel and soil, not to
exceed 2 inches per hour. Provisions for maintenance of the underground
stormwater retention systems shall be included in the Covenants, Conditions,
and Restrictions (CC&R's), including reference to the fact that maintenance
and/or replacement of the systems may require removal of existing on -site
parking, landscaping, and lighting improvements within the property at the sole
expense of the property owner(s). The CC&R's shall reserve the right of the City
to inspect and ensure that the underground retention systems are operable, and
in the event of their failure, shall provide the City the right to advise the property
owner(s) and require their repair or replacement to the satisfaction of the City
Engineer.
This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre treating stormwater runoff, may be
required by regulations imposed by the RWQCB. It shall be the applicant's
responsibility to design and install appropriate BMP's, in accordance with the
NPDES Permit, that effectively intercept and pre -treat stormwater runoff from the
project site, prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required,
such measures shall be designed and installed on -site; and provisions for
perpetual maintenance of the measures shall be provided to the satisfaction of
the City Engineer, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development.
Provisions for the interception of nuisance water from entering adjacent public
streets from the project site shall be provided through the use of a minor storm
drain system that collects and conveys nuisance water to landscape or parkway
areas, and in only a stormwater runoff condition, pass runoff directly to the
streets through parkway or under sidewalk drains.
The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $6,511.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
GENERAL
36.
Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
PC Condidons of Approval March 28, 2007
Case No. 3.2828 — MAJ Page 17 of 20
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off -site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off -site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off -site streets, at the discretion of the City Engineer. The pavement
condition of the existing off -site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
37. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project,
the applicant shall be responsible for coordinating the scheduled construction
with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Arachaeologist. Unless the project site has previously been
waived from any requirements for Tribal monitoring, it is the applicant's
responsibility to notify the Tribal Historic Preservation Officer, Richard Begay
(760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926) for any
subsequent phases or elements of construction that might require Tribal
monitoring. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during construction, and to arrange payment of any
required fees associated with Tribal monitoring. Tribal monitoring requirements
may extend to off -site construction performed by utility companies on behalf of
the applicant (e.g. utility line extensions in off -site streets), which shall be the
responsibility of the applicant to coordinate and arrange payment of any required
fees for the utility companies.
38. All proposed utility lines shall be installed underground.
39. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on -site, abutting, and/or
transecting, shall be installed underground unless specific restrictions are shown
in General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities. The existing overhead utilities
across the east property line, meet the requirement to be installed underground.
A letter from the owners of the affected utilities shall be submitted to the
Engineering Division prior to approval of a grading plan, informing the City that
they have been notified of the City's utility undergrounding requirement and their
intent to commence design of utility undergrounding plans. When available, the
utility undergrounding plan shall be submitted to the Engineering Division
PC Condrdons of Approval
Case No. 3.2826 — MAJ
March 28, 2007
Page 18 of 20
identifying all above ground facilities in the area of the project to be
undergrounded. Undergrounding of existing overhead utility lines shall be
completed prior to issuance of a certificate of occupancy.
40. The applicant is advised that deferral of utility undergrounding requires specific
approval by the Planning Commission and City Council. If utility undergrounding
is deferred in accordance with specific direction by the Planning Commission
and/or City Council, the record property owner(s) shall enter into a covenant
agreeing to underground all of the existing overhead utilities required by the
Municipal Code in the future upon request of the City of Palm Springs City
Engineer at such time as deemed necessary. The covenant shall be executed
and notarized by the property owner(s) and submitted to the City Engineer prior
to issuance of a building permit. A current title report; or a copy of a current tax
bill and a copy of a vesting grant deed shall be provided to verify current property
ownership. A covenant preparation fee of $140 shall be paid by the developer
prior to issuance of any grading or building permits.
41. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
42. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG
(AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
43. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
drawing °as -built' information and returned to the Engineering Division prior to
issuance of a final certificate of occupancy. Any modifications or changes to
approved improvement plans shall be submitted to the City Engineer for approval
prior to construction.
44. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the property. Make
appropriate arrangements to protect in place or relocate any existing Whitewater
Mutual Water Company facilities that are impacted by the development. A letter
of approval for relocated or adjusted facilities from Whitewater Mutual Water
Company shall be submitted to the Engineering Division prior to issuance of a
grading permit.
45. Nothing shall be constructed or planted in the comer cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
PC Condeions of Approval March 28, 2007
Case No. 3.2825 — MAJ Page 19 of 20
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D. 0
46. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Standard Drawing No. 904.
MAP
47. In accordance with Government Code Section 66426 (f), an application for a
Tentative Parcel Map shall be submitted to the Planning Department if the
subject property is proposed to be subdivided into commercial condominiums for
the purpose of sale, lease, or financing.
48. The existing parcels shall be merged. An application for a parcel merger shall be
submitted to the Engineering Division for review and approval. A copy of a
current title report and copies of record documents shall be submitted with the
application for the parcel merger. The application shall be submitted to the City
Engineer for review and approval, and shall be recorded prior to issuance of a
building permit.
49. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related
to the Engineering Division's recommendations. The CC&R's shall be approved
by the City Attorney prior to issuance of a Certificate of Occupancy.
TRAFFIC
50. As determined by the Desert Oasis Industrial Loft Traffic Impact Analysis
submitted by Urban Crossroads (as revised November 14, 2006), the following
mitigation measures will be required:
a. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at each access point onto San Rafael Drive and Radio Road in
accordance with City of Palm Springs Standard Drawing Nos. 620-625.
b. On -site signing and striping will be required in accordance with City of Palm
Springs standards.
c. Pay a fair share contribution determined as 3.15% of the cost of geometric
modifications and street improvements (asphalt pavement widening, traffic
striping and related improvements) as necessary to widen the west leg of the
San Rafael Drive and Indian Canyon Drive intersection, in a manner that
improves intersection capacity acceptable to the City Engineer (estimated at
$200,000). The applicant shall pay the fair share contribution of $6,300 of the
approved Engineer's estimate prior to issuance of a building permit. 0
ondidons of Approval
No. 3.2826 — MAJ
March 26, 2007
Page 20 of 20
d. Modify the future median in Indian Canyon Drive at Radio Road to prohibit left
turn egress from Radio Road onto Indian Canyon Drive. The applicant shall
coordinate with the developer of the Palermo development (Tract Map No.
33561), to participate in the construction of the future median, modify to
prohibit left turn egress movement. If already constructed, the applicant shall
modify the existing street improvement plan (Drawing No. 4717-2, File No.
35-3-4-86). The median shall be modified and constructed prior to issuance
of a certificate of occupancy.
Submit traffic striping plans for San Rafael Road, extending west of McCarthy
Road and east of the subject property as necessary to re -stripe the street to a
secondary thoroughfare, prepared by a California registered civil engineer, for
review and approval by the City Engineer. All required traffic striping and
signage improvements shall be completed in conjunction with required street
improvements, to the satisfaction of the City Engineer, and prior to issuance of a
certificate of occupancy.
A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks. Minimum clearance on public sidewalks shall be provided
by either an additional dedication of a sidewalk easement (if necessary) or
widening of the sidewalk, or by the relocation of any obstructions within the public
sidewalk along the San Rafael Road and Radio Road frontages of the subject
property.
Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
This property is subject to the Transportation Uniform Mitic
be paid prior to issuance of building permit.
END OF CONDITIONS
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